Are devices with remaining construction violations scored in Tier 2 according to rule 7h, or are they not allowed to launch at all according to rule 5a?

Rule 7.h. allows the event supervisor to make the decision on a specific device. If the event supervisor determines the device is safe to launch, it is allowed to launch then tiered. If the device is not safe to launch (poses risks to participants, observers, or could damage the host site), then it will not be permitted to launch.